Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 22--- Constitution of Pakistan, Art. 199---Constitutional petition---Interlocutory orders, appeal against--- Maintainability--- Converting appeal into constitutional petition--- Scope--- For assailing interlocutory orders passed under Banking laws, no right of appeal vests in litigant and is specifically barred---Resort cannot be made to revisional and appellate jurisdiction of Civil Procedure Code, 1908, or to constitutional jurisdiction by filing petition under Art.199 of the Constitution to circumvent such specific bar under banking law---High Court has wide powers to treat appeal as petition under Art.199 of the Constitution and likewise a petition can be converted into appeal subject to limitation and jurisdiction---Appeal against interlocutory order cannot be converted into constitutional petition because statute has excluded right of appeal from interim order and the same cannot be bypassed by bringing under attack such interim orders in constitutional jurisdiction---Party affected has to wait till it matures into a final order and then to attack it in proper exclusive forum created for the purpose of examining such orders. Pakistan Fisheries Ltd and others v. United Bank Limited PLD 1993 SC 109 and Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165 rel. (b) Administration of justice--- ----Same transaction---Civil and criminal proceedings---Scope---Pendency of civil proceedings relating to same transaction is not a bar to commencement or continuation of criminal proceedings---Both proceedings can proceed concurrently as conviction for criminal offence is altogether a different matter from civil liability. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(r) & 9(a)(viii)---Wilful default of Bank loan---Prosecution---Pre-condition---Once Banking Court decrees suit of Bank only then bank is armed with unimpeachable evidence to get borrower declared as wilful defaulter---In absence of decree in favour of Bank, borrower cannot be declared wilful defaulter only on the basis of notice under…

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